Short Answer

In North Carolina, you challenge a suspected forged will by filing a “caveat” (will contest) with the Clerk of Superior Court after the will is admitted to probate. The case is then tried in Superior Court, usually to a jury. The will’s proponent must first show it was executed properly; you then present evidence of forgery or fraud to invalidate it. You generally have three years from probate in common form to file, and procedures can vary if probate is sought in solemn form.

Understanding the Problem

In North Carolina probate, can you stop a forged will that supposedly leaves your family home to a sibling? The key decision is whether and how to contest the will in the probate system. The action is a caveat filed with the Clerk of Superior Court, typically after the will is probated, and timing depends on the type of probate. Here, no document has been produced yet.

Apply the Law

Under North Carolina law, a will already admitted to probate may be challenged only by a caveat. The caveat must be filed with the Clerk of Superior Court in the county of probate and is then transferred to Superior Court for trial. The proponent (propounder) of the will must first prove proper execution; then the challenger (caveator) bears the burden to show, by the greater weight of the evidence, that the writing is invalid for reasons such as forgery or fraud. If probate is sought in solemn form, you must object before or at the hearing. If probate was in common form, you generally have three years to file a caveat.

Key Requirements

• Standing: You must be an “interested” person (for example, an heir or someone who benefits if the will is set aside).
• Trigger: A caveat can be filed only after the will is admitted to probate (unless the objection is raised at a solemn form hearing).
• Deadline: File within three years after probate in common form; for solemn form, object before or at the clerk’s hearing.
• Forum: File the caveat with the Clerk of Superior Court; the case is tried in Superior Court, typically to a jury.
• Burden of proof: The will’s proponent first shows proper execution; you then prove forgery/fraud by the greater weight of the evidence.
• Evidence: Handwriting analysis, testimony from subscribing witnesses, notary irregularities, and discrepancies in signatures or witnessing can establish forgery.
• Estate freeze: Once a caveat is filed, the personal representative is restricted from distributing assets, and the clerk can address preservation of assets while the case is pending.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat timing and who may file) – Allows interested persons to file a caveat and sets the general three-year period after common-form probate.
• North Carolina Gen. Stat. § 31-33 (Transfer and notice) – Clerk transfers the caveat to Superior Court for jury trial and addresses service/notice.
• North Carolina Gen. Stat. § 31-36 (Estate administration during caveat) – Restricts distributions, sets payment procedures, and allows asset-preservation orders.
• North Carolina Gen. Stat. § 31-3.3 (Execution of attested wills) – States signature and witness requirements; key to assessing alleged forgery.

Analysis

Apply the Rule to the Facts: Because no will has been produced or probated, there is nothing to caveat yet. If your sibling files and the clerk admits a will in common form, you would have standing as an heir and can file a caveat within the three-year window. The proponent must first prove due execution (e.g., proper witnessing); you would then present evidence that the signature or witnessing is not genuine, such as handwriting comparisons or inconsistencies in the notary/witness process.

Process & Timing

1. Who files: An interested person (such as an heir). Where: Clerk of Superior Court in the county where the will was probated. What: A written caveat; pay the applicable filing fee listed in court costs. When: Generally within three years after probate in common form; for solemn form, object before or at the hearing.
2. After filing: The clerk transfers the case to Superior Court for a jury trial and issues notices to interested parties for alignment. Expect discovery (subpoenas, depositions) and preparation of handwriting and witness evidence. During the caveat, the personal representative is restricted, and the clerk can hear disputes about preserving estate assets.
3. Resolution: The Superior Court enters judgment either upholding the will (probate in solemn form) or setting it aside. If set aside, the estate passes under a prior valid will or intestacy. The file returns to the clerk for administration consistent with the judgment.

Exceptions & Pitfalls

• You cannot caveat until a will is actually admitted to probate; monitor the estate file and act promptly once it is.
• If the will is self-proved, the proponent’s initial showing is easier; plan stronger evidence to rebut authenticity.
• All interested parties must receive proper notice; overlooked parties may later bring their own caveat.
• A party who accepts benefits under the will may be barred from contesting unless the benefit is something they would receive anyway.
• Do not ignore other scripts (earlier or later writings); present them in the caveat so the court can decide which, if any, is the valid last will.
• Eviction threats: Only a duly appointed personal representative, using the statutory process, may seek possession of estate real property through a special proceeding; challenge any unauthorized efforts.

Talk to a Probate Attorney

If you’re dealing with a suspected forged will and need to protect your rights and timelines, our firm has experienced attorneys who can help you understand your options and next steps. Call us today at +1-555-555-5555.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.